BROOKLYN, N.Y. (Legal Newsline) - Whatever savings he thought he'd accumulated were offset by fine-print fees at Whole Foods, a New York man says in a recent class action lawsuit.
Plaintiff Yaacov Silberstein filed a lawsuit May 14 in Nassau County Supreme Court against Whole Foods Market Group, Inc. and unnamed defendants. The case was then removed to federal court June 14.
The suit alleges that Whole Foods engaged in deceptive practices by concealing additional "deposit" fees on products, specifically Ronnybrook Farm Dairy items.
The suit includes a picture of a price label at Whole Foods to highlight how small the print is on the deposit fee.
"(T)he $2 deposit fee is so small that it could practically fit inside the decimal point between the dollar and cent figures of the product's retail price," the complaint says.
Silberstein claims he was charged an unexpected $6 in container deposit fees, which increased his total purchase cost by nearly 50%. The plaintiff seeks damages for violations of New York General Business Law §§ 349 and 350, which pertain to deceptive acts and false advertising.
Matthew Jacobs of The Jacobs Law Firm represents the plaintiff.